Prosecution Insights
Last updated: October 02, 2026
Application No. 18/781,739

MODULAR METER

Non-Final OA §103
Filed
Jul 23, 2024
Priority
Sep 11, 2020 — continuation of 12/072,360
Examiner
BACA, MATTHEW WALTER
Art Unit
Tech Center
Assignee
Boost SubscriberCo LLC
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
91 granted / 126 resolved
+12.2% vs TC avg
Moderate +6% lift
Without
With
+5.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
23 currently pending
Career history
160
Total Applications
across all art units

Statute-Specific Performance

§101
21.2%
-18.8% vs TC avg
§103
44.6%
+4.6% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
22.6%
-17.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 126 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statement (IDS) submitted on 7/23/2024 was in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 4, 8, 11, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2017/0188366 A1) in view of Abdel Shahid (US 10,420,019 B). As to claims 1, 8, and 15, Zhang teaches “[a] method (method implemented by system 300 in FIG. 3 and network 400 in FIG. 4, FIG. 7)” “[a] system (FIGS. 1-2 architectures 100 and 200; FIG. 3 system 300; FIG. 4 network 400) comprising: one or more processors ([0020] and [0031] laptop or PDA client (inherently includes a processing functionality; [0083]; claim 18); and one or more memories storing instructions ([0020] and [0031] laptop or PDA client (computing devices inherently requiring memory); claim 18) that, when executed by the one or more processors, cause the system to perform a process (claim 18)” and “[a] non-transitory computer-readable medium storing instructions ([0020] and [0031] laptop or PDA client (computing devices inherently requiring memory); claim 18) that when executed by a computing system, cause the computing system to perform operations ([0083], claim 18)” the method/process/operations comprising: “selecting, by a software-defined (FIGS. 1 and 2 application interfaces 130 and 230) multiband power meter (FIG. 7 block 720, [0043] receivers measure RSSI), a first module (FIG. 7 blocks 710 and 720, [0043] frequency band selected for measurement. Examiner notes selection of frequency band entails selection of corresponding processing functionality such as particular transceivers/antennas for receiving particular frequency band as per [0024]-[0025] and selection of particular baseband processors as depicted in FIG. 9 depicting receiver 930 including baseband processors 933 for respective frequency bands) from a plurality of modules each pre-configured to receive frequencies associated with” [a respective frequency band] ([0024]-[0025], FIG. 9 depicting receiver 930 including baseband processors 933 for respective frequency bands, [0053]), “wherein the first module is selected to measure signal quality of signals within a first frequency range (FIG. 7 block 720, [0043]; [0029] signals received over each of multiple frequency bands); measuring, by the software-defined multiband power meter, a first signal quality of a first set of one or more signals within the first frequency range (FIG. 7 block 720, [0043] measure noise, interference and/or signal strength for selected frequency band); selecting, by the software-defined multiband power meter, a second module (FIG. 7 blocks 710 and 720, [0043] frequency band selected for measurement) from the plurality of modules and corresponding to a second frequency range ([0029] signal received over a next in series of frequency bands; FIG. 7 blocks 780 and 710, [0043]); measuring, by the software-defined multiband power meter, a second signal quality of a second set of one or more signals within the second frequency range (FIG. 7 block 720, [0043] measurements repeated for another (e.g. a second) frequency range per FIG. 7 blocks 780 and 710); and transmitting, by the software-defined multiband power meter, one or more data packets ([0029] and [0031] cellular communications (packet based) for networked devices identifying at least one signal quality measurement of the first set of one or more signals and the second set of one or more signals ([0040] receiver sends measurement data (per FIG. 7 obtained for multiple frequence bands) to transmitter).” Zhang does not appear to expressly teach that the plurality of modules are each pre-configured to receive frequencies associated with “a designated operating geographic location of the software-defined multiband power meter.” Prior to the effective filing date, it was known in the art that frequency bands may be associated with geographic locations. For example, Abdel Shahid discloses a system/method for performing bandwidth-based search for a mobile device (Abstract bandwidth search for cellular devices) in which frequency bands are associated with respective geographic locations (Abstract frequency band availability for each of multiple geographic regions; FIG. 2 depicting frequency band availability in different geographic regions). It would have been obvious to one of ordinary skill in the art before the effective filing date, to have applied Abdel Shahid’s teaching of associating frequencies with respective geographic locations to the system taught by Zhang, which teaches selection/use of modules corresponding to different frequency bands by a mobile device (e.g., handsets in FIG. 4, [0029]), such that in combination the system is configured such that that the plurality of modules are each pre-configured to receive frequencies associated with a designated operating geographic location of the software-defined multiband power meter. The motivation would have been to provide frequency corresponding modules configured to account for geographic location as a factor in the frequency bands that may be available in any given geographic location as suggested by Abdel Shahid. As to claims 4, 11, and 18, the combination of Zhang and Abdel Shahid teaches wherein the method/process/operations further comprises: “determining coding parameters for the second module (Zhang: FIG. 10, symbol demodulation 1053; [0054]) based on the second frequency range (Zhang: [0029] signals received over each of multiple frequency bands with adaptive communications which would include demodulation set accordingly; FIG. 7 block 710, [0043]); loading a modulation profile associated with the second module (Zhang: FIG. 10, symbol demodulation 1053; [0054]); and switching from the first module to the second module (Zhang: [0057] modulation adapted based on propagation conditions).” Claims 2, 9, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Abdel Shahid as applied to claims 1, 8, and 15 above, and further in view of Tsai (US 2019/0149181 A1). As to claims 2, 9, and 16, the combination of Zhang and Abdel Shahid teaches wherein the method/process/operations further comprises: “in response to selecting the first module, loading a profile to measure the signal quality of signals within the first frequency range (Zhang: FIG. 7 block 720 performed as part of process flow (responsive to) that includes selection of frequency band for receiver (receiver configuration for next frequency band) at block 710, [0043]. Examiner notes that some form of signal quality measurement function (a profile) must be loaded (e.g., into processor memory/registers) in order to perform the signal quality measurement such that “loading a profile to measure signal quality” occurs incidentally and in addition to measuring signal quality “in response to selecting the first module”).” Zhang further discloses “one or more antennas embedded in the software-defined multiband power meter (FIG. 2 antennas 241, [0026])” but does not expressly disclose “adjusting one or more antennas embedded in the software-defined multiband power meter based on selecting the first module.” Tsai discloses a frequency band selection system that includes adjusting one or more antennas based on selecting particular modulation schemes ([0021]-[0022] disclosing tuning antenna based on selected frequency band; Abstract).” It would have been obvious to one of ordinary skill in the art before the filing date, to have combined Tsai’s teaching of adjusting an antenna based on modulation scheme with the method/system/computer-readable medium disclosed by Zhang as modified by Abdel Shahid such that Zhang’s system performs the step of “adjusting one or more antennas embedded in the software-defined multiband power meter based on selecting the first module.” The motivation would have been to optimally tune the antenna (e.g., resonance) in accordance with the received signal characteristics to enhance physical signal reception. Claims 3, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Abdel Shahid as applied to claims 1, 8, and 15 above, and further in view of Sakusabe (US 2002/0021685 A1). As to claims 3, 10, and 17 the combination of Zhang and Abdel Shahid teaches wherein the method/process/operations further comprises: “switching from the second module to a third module (Zhang: [0057] modulation adapted based on propagation conditions) to detect a third set of one or more signals within a third frequency range via the one or more” “antennas (Zhang: [0029] signals are received/detected over frequency bands; FIG. 7 blocks 710 and 720, [0043]), wherein the third module isolates the third frequency range by rejecting one or more signals outside the third frequency range (Zhang: [0029] signals are received/detected over particular frequency bands; [0025] antenna configuration for specific frequency bands; FIG. 7 blocks 710 and 720, [0043]).” The combination of Zhang and Abdel Shahid does not expressly teach “receiving an attachment of one or more external antennas to the software-defined multiband power meter” and switching from the second module to a third module “in response to receiving the attachment.” Sakusabe discloses a radio communication apparatus that includes switch-determined external (e.g., selectively connectable) antenna attachment (FIG. 10 switch 76 attaching either of antennas 79a and 79b to front-end circuit 80; FIG. 14 switches 76a and 76b attaching any of antennas 79a, 79b, or 79c to front end circuit 80) and in which the modulation scheme (frequency band and/or modulation format) and antenna selection are selected in mutual relation ([0068]-[0069] and [0075]). It would have been obvious to one of ordinary skill in the art before the effective filing date, to have combined Sakusabe’s teaching of selectively connectable antennas configured to match antenna configuration with modulation scheme with the system taught by Zhang as modified by Abdel Shahid such that Zhang’s system is configured to receive an external antenna attachment and switch from the second modulation scheme (module for the second modulation scheme) to a third modulation scheme (module for the third modulation scheme) in response thereto. The motivation would have been to increase reception bandwidth via additional antenna attachment while providing operational correspondence between antenna and modulation scheme for the additional/alternate reception bandwidth as suggested by Sakusabe. Claims 5, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Abdel Shahid as applied to claims 1, 8, and 15 above, and further in view of Quinn (US 2015/0312891 A1). As to claims 5, 12, and 19, the combination of Zhang and Abdel Shahid teaches wherein the method/process/operations further comprises:” “transmitting” “the one or more data packets (Zhang: [0029] and [0031] cellular communications (packet based) for networked devices).” Neither Zhang nor Abdel Shahid teaches “associating a subscriber location with the at least one signal quality measurement of the first set of one or more signals and the second set of one or more signals” and transmitting “the subscriber location.” Quinn teaches associating a subscriber location with the first signal quality measurement of a set of one or more signals ([0022] client device locations associated with RSSI measurements) and transmitting the subscriber location ([0022] client device locations stored in geolocation database received from geographically diverse sensors). It would have been obvious to one of ordinary skill in the art before the filing date, to have applied the teachings of Quinn to the combined teachings of Zhang and Abdel Shahid, in which signal quality measurements are available for first and second sets of signals, such that the transceiver disclosed by Zhang associates a subscriber location with either or both the first and second signal quality measurements and transmits the subscriber location in data packets. The motivation would have been to provide useful geographic signal quality coverage information in which geographic locations are usefully correlated to signal quality measurements for multiple available frequency bands to enhance service provider knowledge regarding absolute and relative signal quality coverage information. Claims 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Abdel Shahid as applied to claims 1 and 8 above, and further in view of Bowers (US 9,549,406). As to claims 6 and 13, neither Zhang nor Abdel Shahid appears to teach “tuning coding parameters of the first module based on a measurement error.” Bowers teaches tuning coding parameters of a first module based on a measurement error (col. 6, lines 48-55; col. 7, lines 46-52; col. 9, line 66 through col. 10, line 11). It would have been obvious to one of ordinary skill in the art before the effective filing date, to have applied Bowers teaching of adjusting modulation parameters such as frequency to the system disclosed by Zhang as modified by Abdel Shahid such that the combined system tunes coding parameters of the first modulation scheme based on the measurement error. The motivation would have been to optimize strength of signal transmission and reception during adaptive wireless communications that occur in dynamically variable environments. Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Abdel Shahid as applied to claims 1 and 8 above, and further in view of Wu (US 2022/0255697 A1). As to claims 7 and 14, the combination of Zhang and Abdel Shahid teaches “wherein the first frequency range and the second frequency range are associated with distribution protocols (Zhang: [0031])” but does not expressly teach the distribution protocol being “selected from a group of protocols consisting of an advanced television system committee (ATSC) protocol, a digital video broadcasting (DVB) protocol, a satellite protocol, and a fifth-generation mobile network protocol.” Wu teaches a system/method for determining reference signal sequence that implements a fifth-generation mobile network protocol ([0071]). It would have been obvious to one of ordinary skill in the art before the effective filing date, to have combined Wu’s teaching of a fifth-generation mobile network protocol as an available variety of mobile network protocol with the system disclosed by Zhang as modified by Abdel Shahid such that the first frequency range and the second frequency range are associated with distribution protocols selected from a group including a fifth-generation mobile network protocol. The motivation would have been to expand the set of available mobile network protocols to include the known fifth-generation to provide broader multiband transmission/reception capability. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Abdel Shahid as applied to claim 15 above, and further in view of Bowers (US 9,549,406) and Wu (US 2022/0255697 A1). As to claim 20, the combination of Zhang and Abdel Shahid teaches “[t]he non-transitory computer-readable medium of claim 15,” “wherein the first frequency range and the second frequency range are associated with distribution protocols (Zhang: [0031]).” Neither Zhang nor Abdel Shahid appears to teach “tuning coding parameters of the first module based on a measurement error.” Bowers teaches tuning coding parameters of a first module based on a measurement error (col. 6, lines 48-55; col. 7, lines 46-52; col. 9, line 66 through col. 10, line 11). It would have been obvious to one of ordinary skill in the art before the effective filing date, to have applied Bowers teaching of adjusting modulation parameters such as frequency to the system disclosed by Zhang as modified by Abdel Shahid such that the combined system tunes coding parameters of the first modulation scheme based on the measurement error. The motivation would have been to optimize strength of signal transmission and reception during adaptive wireless communications that occur in dynamically variable environments. None of Zhang, Abdel Shahid, or Bowers appears to expressly teach the distribution protocol being “selected from a group of protocols consisting of an advanced television system committee (ATSC) protocol, a digital video broadcasting (DVB) protocol, a satellite protocol, and a fifth-generation mobile network protocol.” Wu teaches a system/method for determining reference signal sequence that implements a fifth-generation mobile network protocol ([0071]). It would have been obvious to one of ordinary skill in the art before the effective filing date, to have combined Wu’s teaching of a fifth-generation mobile network protocol as an available variety of mobile network protocol with the system disclosed by Zhang as modified by Abdel Shahid and Bowers such that the first frequency range and the second frequency range are associated with distribution protocols selected from a group including a fifth-generation mobile network protocol. The motivation would have been to expand the set of available mobile network protocols to include the known fifth-generation to provide broader multiband transmission/reception capability. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W BACA whose telephone number is (571)272-2507. The examiner can normally be reached Monday - Friday 8:00 am - 5:30 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MATTHEW W. BACA/Examiner, Art Unit 2857 /ALEXANDER SATANOVSKY/Primary Examiner, Art Unit 2857
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Prosecution Timeline

Jul 23, 2024
Application Filed
Aug 28, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
78%
With Interview (+5.7%)
2y 10m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 126 resolved cases by this examiner. Grant probability derived from career allowance rate.

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